BILL NUMBER: AB 2691	CHAPTERED  09/19/00

	CHAPTER   488
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 16, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN SENATE   MAY 25, 2000

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 25, 2000

   An act to amend Sections 45249 and 88069 of the Education Code,
relating to classified school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2691, Corbett.  Classified employees:  personnel commission
appointments.
   Under existing law, any school district or community college
district that has adopted the merit system is required to cause the
personnel commission for the district to be appointed in a specified
manner.  Existing law requires, in a school district and community
college district that had already adopted the merit system on
September 17, 1965, that members of the personnel commission be
appointed by the Superintendent of Public Instruction who is required
to consider the recommendation of the governing board and other
interested parties, and prescribes related matters.
   This bill would authorize the classified employees of any school
district or community college district that has already adopted the
merit system on September 17, 1965, to petition the governing board
of the school district or community college district, as appropriate,
to request that the process to determine how personnel commission
members are appointed be determined by a majority vote of the
classified employees of the district.  The bill would prescribe the
content of the petition and the procedures for conducting the
election to determine the manner of appointment.  If the petition
fails passage, the bill would provide that members of the personnel
commission would continue to be appointed in accordance with the
procedures of existing law described above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 45249 of the Education Code is amended to read:

   45249.  (a) (1) After January 1, 2001, the classified employees of
any school district that has already adopted this article on
September 17, 1965, may, in accordance with this article, petition
the governing board to request that the process to determine how
personnel commission members are appointed be determined by a
majority vote of the classified employees entitled to vote.  That
petition shall read substantially as follows:

   "We, the undersigned classified employees of the ____________
(name of school district), constituting 15 percent or more of the
classified personnel entitled to vote, request the governing board to
submit to an election the question of how personnel commission
members shall be appointed.
NAME ____ POSITION CLASSIFICATION _____________"

   (2) "Classified employee," as used in this section, shall be
construed to include all personnel who are a part of the classified
service as defined in Section 45103.
   (b) (1) Within 90 days after receipt of a petition pursuant to
subdivision (a), the governing board shall conduct an election by
secret ballot of its classified personnel to determine the following
question and the ballot shall read:

   "Shall personnel commission members in the ____________ (name of
school district) be appointed as follows:
   (A) One member appointed by the governing board of the district.
   (B) One member appointed by the classified employees of the
district.
   (C) Those two members shall, in turn, appoint the third member.
____ Yes
____ No"
   (2) Although the ballot conducted pursuant to paragraph (1) shall
not require the employees' signatures or other personal identifying
requirements, the governing board shall devise an identification
system to ensure against fraud in the balloting process.
   (3) The governing board shall appoint a three- to five-person
tabulating committee.  At least one member of the committee shall be
a member of the governing board, to canvass the ballots and present
the results to the governing board and one member shall be a
classified employee nominated by the exclusive representative of the
classified employees of the district.  If a simple majority votes in
favor of the process for appointing personnel commission members,
that process shall become applicable in the district as follows:
   (A) The first vacancy on the commission shall be filled by a
person nominated by the classified employees of the district.
   (B) The second vacancy on the commission shall be filled by a
person appointed by the governing board of the district.
   (C) The third vacancy of the commission shall be appointed by the
first two members.
   (4) If the ballot conducted pursuant to paragraph (2) fails to
pass, personnel commission members shall be appointed in accordance
with the procedure described in subdivision (c), and a petition by
the classified employees for another election shall not occur sooner
than two years after an election.
   (c) (1) Subject to subdivisions (a) and (b), in a school district
that has already adopted this article on September 17, 1965, members
of the personnel commission shall be appointed by the Superintendent
of Public Instruction who shall consider the recommendation of the
governing board and other interested parties.  Subsequent
appointments shall be made in accordance with this section.
   (2) No later than 90 days before making the appointment, the
Superintendent of Public Instruction shall notify the classified
employees and the governing board, in writing, of the vacancy on the
personnel commission and provide them with guidelines and procedures
for making a recommendation and challenging a nomination.  If a
vacancy occurs during the term of a member of the personnel
commission, the superintendent may appoint a new member after
providing the foregoing notice no later than 30 days before making
the appointment.
   A commissioner whose term has expired may continue to discharge
the duties of the office until a successor is appointed but for no
more than 90 calendar days.
   (d) As used in this section, "classified employees" means an
organization of classified employees that represents the greatest
number of classified employees of the district as determined by the
board.  If no organization exists within the district, the governing
board, by written rule, shall prescribe the method by which the
recommendation is to be made by its classified employees.
  SEC. 2.  Section 88069 of the Education Code is amended to read:
   88069.  (a) (1) After January 1, 2001, the classified employees of
any community college district that has already adopted this article
on September 17, 1965, may, in accordance with this article,
petition the governing board to request that the process to determine
how personnel commission members are appointed be determined by a
majority vote of the classified employees entitled to vote.  That
petition shall read substantially as follows:
   "We, the undersigned classified employees of the ____ (name of
community college district), constituting 15 percent or more of the
classified personnel entitled to vote, request the governing board to
submit to an election the question of how personnel commission
members shall be appointed.  NAME ____ POSITION CLASSIFICATION ____"
   (2) "Classified employee," as used in this section, shall be
construed to include all personnel who are a part of the classified
service as defined in Section 88001.
   (b) (1) Within 90 days after receipt of a petition pursuant to
subdivision (a), the governing board shall conduct an election by
secret ballot of its classified personnel to determine the following
question and the ballot shall read:
   "Shall personnel commission members in the ____ (name of community
college district) be appointed as follows:
   (A) One member appointed by the governing board of the district.
   (B) One member appointed by the classified employees of the
district.
   (C) Those two members shall, in turn, appoint the third member.
   ____ Yes
   ____ No"
   (2) Although the ballot conducted pursuant to paragraph (1) shall
not require the employees' signatures or other personal identifying
requirements, the governing board shall devise an identification
system to ensure against fraud in the balloting process.
   (3) The governing board shall appoint a three- to five-person
tabulating committee.  At least one member of the committee shall be
a member of the governing board, to canvass the ballots and present
the results to the governing board and one member shall be a
classified employee nominated by the exclusive representative of the
classified employees of the district.  If a simple majority votes in
favor of the process for appointing personnel commission members,
that process shall become applicable in the district as follows:
   (A) The first vacancy on the commission shall be filled by a
person nominated by the classified employees of the district.
   (B) The second vacancy on the commission shall be filled by a
person appointed by the governing board of the district.
   (C) The third vacancy of the commission shall be appointed by the
first two members.
   (4) If the ballot conducted pursuant to paragraph (2) fails to
pass, personnel commission members shall be appointed in accordance
with the procedure described in subdivision (c), and a petition by
the classified employees for another election shall not occur sooner
than two years after an election.
   (c) (1) Subject to subdivisions (a) and (b), in a community
college district that has already adopted this article on September
17, 1965, members of the personnel commission shall be appointed by
the Chancellor of the California Community Colleges who shall
consider the recommendation of the governing board and other
interested parties.
   (2) If the governing board and the personnel commission of a
community college district elect to increase the personnel commission
from three to five members, the Chancellor of the California
Community Colleges shall make one of the additional appointments.
Subsequent appointments shall be made in accordance with this
section.
   (3) No later than 90 days before making the appointment, the
Chancellor of the California Community Colleges shall notify the
classified employees and the governing board in writing of the
vacancy on the personnel commission and provide them with guidelines
and procedures for making a recommendation and challenging a
nomination.  If a vacancy occurs during the term of a member of the
personnel commission, the chancellor may appoint a new member after
providing the foregoing notice no later than 30 days before making
the appointment.
   (4) A commissioner whose term has expired may continue to
discharge the duties of the office until a successor is appointed but
for no more than 90 calendar days.
   (d) As used in this section, "classified employees" means an
organization of classified employees that represents the greatest
number of classified employees of the district as determined by the
board.  If no organization exists within the district, the governing
board, by written rule, shall prescribe the method by which the
recommendation is to be made by its classified employees.
